Proposed Extension of the Approval of Information Collection Requirements, 63159-63160 [E9-28781]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices that every contract subject to the DBA must contain a provision (i.e., a wage determination) stating the minimum wages and fringe benefits to be paid the various classes of laborers and mechanics employed on the contract. See 40 U.S.C. 3142(a) and 29 CFR 5.5(a)(1)(i). This requirement necessitates a method for establishing minimum rates for classes of employees omitted from wage determinations, primarily due to wage data being unavailable; therefore, regulations 29 CFR 5.5(a)(1)(ii) requires that any class of laborer or mechanic not listed in the wage determination that is to be employed under the contract to be classified in conformance with the wage determination. A report of the conformance action (or, where there is disagreement among the parties, the questions and views of all parties) is submitted through the contracting officer to the DOL for review and approval. 29 CFR 5.5(a)(1)(ii)(B)–(C). The Wage and Hour Division (WHD) of the DOL reviews a proposed conformance action report to determine the appropriateness of the request. The WHD considers such factors as: (1) The work of the proposed classification, which cannot be work that is performed by a classification already listed in the wage determination; (2) whether the proposed classification is utilized in the area by the construction industry; and (3) whether the proposed wages and fringe benefits bear a reasonable relationship (i.e., appropriate comparison of skills and duties) to the rates contained in the wage determination. See 29 CFR 5.5(a)(1)(ii)(A). Upon completion of the review, the WHD approves, modifies, or disapproves the conformance request and issues a determination. See id. at 5.5(a)(1)(ii)(B)–(C). Unconventional Fringe Benefit Plans (29 CFR 5.5(a)(1)(iv)): The DBA provides that wages may include costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to laborers or mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program. 40 U.S.C. 3141(2)(B)(ii). Where a benefit plan is not of the conventional type described in the DBA and/or common in the construction industry that is established under a customary fund or program, it is necessary to determine from the circumstances whether the benefit is bona fide, as required by the DBA; thus, regulation 29 CFR 5.5(a)(1)(iv) provides for contractors to request approval of these unconventional fringe benefit plans. VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 Taking credit for payments to fringe benefit plans that are not bona fide violates the DBA and DBRA. See 29 CFR 5.5(a)(iv). The WHD reviews requests for approval of unconventional fringe benefit plans to determine the propriety of the plans. Id. II. Review Focus: The DOL is particularly interested in comments which: * Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; * Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; * Enhance the quality, utility and clarity of the information to be collected; and * Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: The DOL seeks the approval of the extension of this information collection in order to ensure there is a viable method for interested parties to seek approval of wage conformances and certain fringe benefit plans under the DBA and DBRA and to allow the WHD to carry out its enforcement responsibilities. Type of Review: Extension. Agency: Wage and Hour Division. Titles: Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act. OMB Number: 1215–0140. Agency Numbers: None. Affected Public: Businesses or other for-profits. Respondents: 2966. Total Annual Responses: 2966. Estimated Total Burden Hours: 746. Estimated Time per Response: 15 to 60 minutes. Frequency: On Occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $1391. Dated: November 24, 2009. Michel Smyth, Regulatory Analysis Branch Chief. [FR Doc. E9–28783 Filed 12–1–09; 8:45 am] BILLING CODE 4510–27–P PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 63159 DEPARTMENT OF LABOR Wage and Hour Division Proposed Extension of the Approval of Information Collection Requirements AGENCY: Wage and Hour Division, Labor. ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Employment Information (Forms WH–3 and WH–3 SP). A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before February 1, 2010. ADDRESSES: You may submit comments, identified by Control Number 1215– 0001, by either one of the following methods: E-mail: WHDPRAComments@dol.gov. Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and Hour Division, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue, NW., Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and Control Number identified below for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via e-mail to or to submit them by mail early. FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory Analysis Branch, Division of E:\FR\FM\02DEN1.SGM 02DEN1 mstockstill on DSKH9S0YB1PROD with NOTICES 63160 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices Interpretations and Regulatory Analysis, Wage and Hour Division, U.S. Department of Labor, Room S–3502, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Copies of this notice may be obtained in alternative formats (Large Print, Braille, Audio Tape or Disc), upon request, by calling (202) 693–0023 (not a toll-free number). TTY/TDD callers may dial toll-free (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: I. Background: This information collection provides a method for the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) to obtain information from complainants regarding alleged violations of the labor standards the agency administers and enforces. The law of most general application regarding wages and hours of work is the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. FLSA section 11(a) provides that the Secretary of Labor may investigate and gather data regarding the wages, hours, or other conditions and practices of employment in any industry subject to the FLSA, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters deemed necessary or appropriate to determine whether any person has violated any provision of the FLSA. 29 U.S.C. 211(a). Other Federal laws the WHD administers provide similar authority. These Acts include the: Walsh-Healey Public Contracts Act (41 U.S.C. 38); McNamara-O’Hara Service Contract Act (41 U.S.C. 353(a)); Davis-Bacon Act (40 U.S.C. 3141 et seq., pursuant to Reorganization Plan No. 14 of 1950, and Related Acts); Consumer Credit Protection Act (15 U.S.C. 1676); Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1862(a)); Employee Polygraph Protection Act (29 U.S.C. 2004(a)(3)); Family and Medical Leave Act (29 U.S.C. 2616(a)); Immigration and Nationality Act H–2A program (8 U.S.C. 1188(g)); and the Immigration and Nationality Act H–1C program (8 U.S.C. 1182(m)(2)(E)(ii)). The regulatory provisions authorizing the filing of complaints under these laws and how the agency acts upon the concerns can be found at 29 CFR 4.191, 5.6, 500.1(e), 501.1(c), 501.5, 801.7(a)(3), 825.401; 41 CFR 50–201.1202; and 20 CFR 655.1200(b). WHD staff use Form WH–3 as a guide for obtaining optional information from complainants (e.g., current and former VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 employees, unions, and competitor employers) about alleged employer violations of the labor standards provisions of the above-cited Acts. Complainants generally provide the optional information requested on the form to WHD staff over the telephone or in-person. Where the information provided does not support a potential WHD enforcement action, complainants are advised and referred to the appropriate agency for further assistance. When the WHD schedules a complaint-based investigation, the agency makes the completed Form WH– 3 or its equivalent part of the investigation case file. The form is printed in both English and Spanish. II. Review Focus: The DOL is particularly interested in comments which: * Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; * Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; * Enhance the quality, utility and clarity of the information to be collected; and * Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: The DOL seeks the approval of the extension of this information collection in order to ensure complainants have a means for providing information to the WHD regarding alleged employer violations of the various labor standards provisions the WHD administers and to allow the WHD to carry out its enforcement responsibilities. Type of Review: Extension. Agency: Wage and Hour Division. Titles: Employment Information Form. OMB Number: 1215–0001. Agency Numbers: Form WH–3 (English and Spanish). Affected Public: Individuals or Households. Respondents: 35,000. Total Annual Responses: 35,000. Estimated Total Burden Hours: 11,667. Estimated Time per Response: 20 minutes. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Frequency: On Occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: November 24, 2009. Michel Smyth, Regulatory Analysis Branch Chief. [FR Doc. E9–28781 Filed 12–1–09; 8:45 am] BILLING CODE 4510–27–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–387 and 50–388; NRC– 2009–0530] PPL Susquehanna, LLC, Susquehanna Steam Electric Station, Units 1 and 2; Notice of Issuance of Renewed Facility Operating License Nos. NPF–14 and NPF–22 for an Additional 20-Year Period Record of Decision Notice is hereby given that the U.S. Nuclear Regulatory Commission (the Commission) has issued Renewed Facility Operating License Nos. NPF–14 and NPF–22 to PPL Susquehanna, LLC, (licensee), the operator of the Susquehanna Steam Electric Station (SSES), Units 1 and 2. Renewed Facility Operating License Nos. NPF–14 and NPF–22 authorizes operation of SSES by the licensee at reactor core power levels not in excess of 3952 megawatts thermal for each unit, in accordance with the provisions of the SSES renewed license and its technical specifications. The notice also serves as the record of decision for the renewal of facility operating license No. DPR–14 and DPR– 22, consistent with Title 10 of the Code of Federal Regulations Section 51.103 (10 CFR 51.103). As discussed in the final Supplemental Environmental Impact Statement (FSEIS) for SSES, dated March 2009, the Commission has considered a range of reasonable alternatives that included generation from oil, wind, solar, hydropower, geothermal, wood waste, municipal solid waste, other biomass-derived fuels, fuel cells, delayed retirement, and conservation measures. The factors considered in the record of decision can be found in the supplemental environmental impact statement (SEIS) for SSES. SSES, Units 1 and 2, are boiling-water reactors located seven miles northeast of Berwick, Pennsylvania. The application E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Pages 63159-63160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28781]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Wage and Hour Division is soliciting comments concerning 
its proposal to extend the Office of Management and Budget (OMB) 
approval of the Information Collection: Employment Information (Forms 
WH-3 and WH-3 SP). A copy of the proposed information collection 
request can be obtained by contacting the office listed below in the 
FOR FURTHER INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before February 1, 2010.

ADDRESSES: You may submit comments, identified by Control Number 1215-
0001, by either one of the following methods:
    E-mail: WHDPRAComments@dol.gov.
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue, NW., Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Control Number identified below for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to transmit 
their comments electronically via e-mail to or to submit them by mail 
early.

FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory 
Analysis Branch, Division of

[[Page 63160]]

Interpretations and Regulatory Analysis, Wage and Hour Division, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this notice may be obtained in alternative 
formats (Large Print, Braille, Audio Tape or Disc), upon request, by 
calling (202) 693-0023 (not a toll-free number). TTY/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION:
    I. Background: This information collection provides a method for 
the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) 
to obtain information from complainants regarding alleged violations of 
the labor standards the agency administers and enforces. The law of 
most general application regarding wages and hours of work is the Fair 
Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. FLSA section 11(a) 
provides that the Secretary of Labor may investigate and gather data 
regarding the wages, hours, or other conditions and practices of 
employment in any industry subject to the FLSA, and may enter and 
inspect such places and such records (and make such transcriptions 
thereof), question such employees, and investigate such facts, 
conditions, practices, or matters deemed necessary or appropriate to 
determine whether any person has violated any provision of the FLSA. 29 
U.S.C. 211(a).
    Other Federal laws the WHD administers provide similar authority. 
These Acts include the: Walsh-Healey Public Contracts Act (41 U.S.C. 
38); McNamara-O'Hara Service Contract Act (41 U.S.C. 353(a)); Davis-
Bacon Act (40 U.S.C. 3141 et seq., pursuant to Reorganization Plan No. 
14 of 1950, and Related Acts); Consumer Credit Protection Act (15 
U.S.C. 1676); Migrant and Seasonal Agricultural Worker Protection Act 
(29 U.S.C. 1862(a)); Employee Polygraph Protection Act (29 U.S.C. 
2004(a)(3)); Family and Medical Leave Act (29 U.S.C. 2616(a)); 
Immigration and Nationality Act H-2A program (8 U.S.C. 1188(g)); and 
the Immigration and Nationality Act H-1C program (8 U.S.C. 
1182(m)(2)(E)(ii)). The regulatory provisions authorizing the filing of 
complaints under these laws and how the agency acts upon the concerns 
can be found at 29 CFR 4.191, 5.6, 500.1(e), 501.1(c), 501.5, 
801.7(a)(3), 825.401; 41 CFR 50-201.1202; and 20 CFR 655.1200(b).
    WHD staff use Form WH-3 as a guide for obtaining optional 
information from complainants (e.g., current and former employees, 
unions, and competitor employers) about alleged employer violations of 
the labor standards provisions of the above-cited Acts. Complainants 
generally provide the optional information requested on the form to WHD 
staff over the telephone or in-person. Where the information provided 
does not support a potential WHD enforcement action, complainants are 
advised and referred to the appropriate agency for further assistance. 
When the WHD schedules a complaint-based investigation, the agency 
makes the completed Form WH-3 or its equivalent part of the 
investigation case file. The form is printed in both English and 
Spanish.
    II. Review Focus: The DOL is particularly interested in comments 
which:
    * Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    * Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    * Enhance the quality, utility and clarity of the information to be 
collected; and
    * Minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    III. Current Actions: The DOL seeks the approval of the extension 
of this information collection in order to ensure complainants have a 
means for providing information to the WHD regarding alleged employer 
violations of the various labor standards provisions the WHD 
administers and to allow the WHD to carry out its enforcement 
responsibilities.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Titles: Employment Information Form.
    OMB Number: 1215-0001.
    Agency Numbers: Form WH-3 (English and Spanish).
    Affected Public: Individuals or Households.
    Respondents: 35,000.
    Total Annual Responses: 35,000.
    Estimated Total Burden Hours: 11,667.
    Estimated Time per Response: 20 minutes.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: November 24, 2009.
Michel Smyth,
Regulatory Analysis Branch Chief.
[FR Doc. E9-28781 Filed 12-1-09; 8:45 am]
BILLING CODE 4510-27-P